[Federal Register Volume 59, Number 155 (Friday, August 12, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-19343]
[[Page Unknown]]
[Federal Register: August 12, 1994]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[TX-44-1-6510a, FRL-5027-8]
Transportation Conformity; Approval of Petition for Exemption
From Nitrogen Oxides Provisions, Victoria County, TX
AGENCY: U.S. Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The EPA is approving a petition from the State of Texas
requesting that Victoria County, an incomplete data ozone nonattainment
area, be exempted from the requirement to perform the oxides of
nitrogen (NOx) portion of the build/no-build test required by the
new Federal transportation conformity rule. This petition for exemption
was submitted on May 4, 1994.
DATES: This action will become effective on October 11, 1994, unless
notice is received by September 12, 1994 that someone wishes to submit
adverse or critical comments. If the effective date is delayed, timely
notice will be published in the Federal Register (FR).
ADDRESSEES: Comments should be mailed to Thomas H. Diggs, Chief, Air
Planning Section (6T-AP), U.S. EPA Region 6, 1445 Ross Avenue, Dallas,
Texas 75202-2733. Copies of the State's petition and other information
relevant to this action are available for inspection during normal
hours at the above location and at the following locations:
U.S. Environmental Protection Agency, Region 6, Air Programs Branch
(6T-A), 1445 Ross Avenue, Suite 700, Dallas, Texas 75202-2733.
Air and Radiation Docket and Information Center, U.S. Environmental
Protection Agency, 401 M. Street, S.W., Washington, D.C. 20460.
Texas Natural Resource Conservation Commission, Office of Air Quality,
12124 Park 35 Circle, P.O. Box 13087, Austin, Texas 78711-3087.
Anyone wishing to review this petition at the U.S. EPA office is
asked to contact the person below to schedule an appointment 24 hours
in advance.
FOR FURTHER INFORMATION CONTACT: Mr. Mick Cote, Planning Section (6T-
AP), Air Programs Branch, U.S. Environmental Protection Agency, Region
6, 1445 Ross Avenue, Dallas, Texas 75202-2733, telephone (214) 655-
7219.
SUPPLEMENTARY INFORMATION:
Background
The transportation conformity final rule, entitled ``Criteria and
Procedures for Determining Conformity to State or Federal
Implementation Plans of Transportation Plans, Programs, and Projects
Funded or Approved Under Title 23 U.S.C. or the Federal Transit Act,''
was published in the Federal Register on November 24, 1993 (58 FR
62188). This action was required under Section 176(c)(4) of the Clean
Air Act (CAA) as amended in 1990.
The transportation conformity rule requires each ozone
nonattainment area and maintenance area to perform a regional analysis
of motor vehicle volatile organic compound and NOX emissions from
any planned transportation project. This analysis must demonstrate that
the emissions which would result from the proposed transportation
system if the transportation plan were implemented are within the total
allowable level of emissions described in the motor vehicle emissions
budget.
Until an attainment demonstration or maintenance plan is approved
by the EPA, this emissions analysis must pass the build/no-build test.
This analysis must demonstrate that the emissions from the planned
transportation project, if implemented, would be less than the
emissions without the planned transportation project. Thus, the build/
no-build test is intended to ensure that the transportation plan
contributes to annual emissions reductions consistent with the CAA
until such time as the attainment demonstration or maintenance plan is
approved.
Transportation Conformity and 182(f) Exemptions
On June 17, 1994 (59 FR 31238) the EPA published a national
interpretation of transportation conformity and 182(f) exemptions
entitled ``Transportation Conformity; General Preamble for Exemption
From Nitrogen Oxides Provisions'' (General Preamble). This General
Preamble clarifies and interprets how ozone nonattainment areas
classified as less than marginal, which have air quality monitoring
data demonstrating attainment of the National Ambient Air Quality
Standards (NAAQS) for ozone, may be exempted from certain NOX
requirements.
As discussed in the General Preamble, both the transportation
conformity rule and CAA Section 182(f)(1)(A) state that NOX
requirements shall not apply in nonattainment areas if the
Administrator determines that additional reductions of NOX would
not contribute to attainment of the NAAQS for ozone in the area. The
EPA also issued two guidance documents on 182(f) exemptions. These two
documents, ``State Implementation Plan (SIP) Requirements for Areas
Submitting Requests for Redesignation to Attainment of the Ozone and
Carbon Monoxide (CO) National Ambient Air Quality Standard (NAAQS) on
or after November 15, 1992'' dated September 17, 1993, and ``Guideline
for Determining the Applicability of Nitrogen Oxide Requirements under
Section 182(f)'' dated December, 1993, state that if an area has
attained the ozone standard, additional NOX reductions would not
contribute to attainment.
As explained in the General Preamble, the EPA believes that a
demonstration of attainment made through adequate air quality
monitoring data, consistent with 40 CFR part 58 and recorded in EPA's
Aerometric Information Retrieval System (AIRS), can qualify an area as
a ``clean data area''. Further, the EPA believes these ``clean data
areas'' can request an exemption from the NOX provisions of
transportation conformity. The 182(f) exemption will be conditioned
upon the area's monitoring data continuing to demonstrate attainment
after an exemption is granted. If the EPA determines that an exempted
area has violated the ozone standard, the 182(f) exemption will be
rescinded. Any decision to rescind the NOX exemption would be
based on an evaluation of the air quality data recorded in AIRS. Past
conformity determinations and transportation plans would not be
affected, but new conformity determinations would be subject to the
NOX provisions of the conformity rule.
Analysis of State Submittal
Victoria County, Texas, retained its ozone nonattainment
designation and was classified as an incomplete data area for ozone on
November 6, 1991 (56 FR 56694). The Texas Natural Resource Conservation
Commission has operated an ozone monitor in Victoria County
continuously since May of 1991. No violations of the .12 parts per
million ozone standard have been recorded since that time.
On May 4, 1994, the State of Texas submitted a petition to the EPA
requesting that the Victoria County incomplete data ozone nonattainment
area be exempted from the requirement to perform the NOX portion
of the build/no-build test required by the new transportation
conformity rule. This exemption request is pursuant to the recently
published General Preamble for transportation conformity NOX
exemptions.
The exemption request was based on monitoring data which
demonstrated that the NAAQS for ozone was attained in this area for the
35 months prior to the petition, with the understanding that approval
of the State's request would be contingent upon the collection and
verification of one additional month of data. The required additional
month of verified data was submitted later and, together with the data
submitted with the State's petition, demonstrated attainment of the
NAAQS for 36 consecutive months. Texas submitted its exemption request
prior to the publication of the national interpretation in order to
expedite Victoria County's 1994 highway project funding schedule.
Final Action
The EPA has evaluated the State's exemption request for consistency
with the CAA, EPA regulations, and EPA policy. The EPA believes that
the exemption request and monitoring data qualifies Victoria County,
Texas, as a ``clean data area''. In addition, the EPA has determined
that the exemption request meets the requirements and policy set forth
in the General Preamble for NOX exemptions from the build/no-build
test for transportation conformity, and today is approving Texas'
request for exemption from the NOX build/no-build test of
transportation conformity for Victoria County. The 182(f) exemption
will be conditioned upon the area's monitoring data continuing to
demonstrate attainment after the exemption has been granted. If the EPA
later determines that Victoria County has violated the ozone standard,
the 182(f) exemption will be rescinded. Past conformity determinations
and transportation plans would not be affected, but new conformity
determinations would then be subject to the NOX provisions of the
conformity rule.
The EPA is publishing this action without prior proposal because
the Agency views this as a noncontroversial amendment and anticipates
no adverse comments. However, in a separate document in this FR
publication, the EPA is proposing to approve this exemption petition
should adverse comments be received. This action will become effective
on October 11, 1994, unless notice is received by September 12, 1994
that someone wishes to submit adverse or critical comments.
If such notice is received, this action will be withdrawn before
the effective date by publishing two subsequent documents. One document
will withdraw the final action, and another final action will be
published addressing any adverse comments. If no such adverse comments
are received, the public is advised that this action will be effective
on October 11, 1994.
The EPA has reviewed this request for exemption from the NOX
provisions of the Federal transportation conformity rule for
conformance with the provisions of the 1990 Clean Air Act Amendments
enacted on November 15, 1990. The EPA has determined that this action
conforms with those requirements.
Regulatory Process
Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., the EPA
must prepare a regulatory flexibility analysis assessing the impact of
any proposed or final rule on small entities (5 U.S.C. 603 and 604).
Alternatively, under 5 U.S.C. 605(b), the EPA may certify that the rule
will not have a significant impact on a substantial number of small
entities (see 46 FR 8709). Small entities include small businesses,
small not-for-profit enterprises, and governmental entities with
jurisdiction over populations of less than 50,000.
Because an exemption from the Federal transportation conformity
rule does not impose any new requirements, I certify that it does not
have a significant impact on any small entities affected. Moreover, due
to the nature of the Federal-State relationship under the CAA,
preparation of a regulatory flexibility analysis would constitute
Federal inquiry into the economic reasonableness of State action.
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by October 11, 1994. Filing a petition for
reconsideration of this final rule by the Administrator does not affect
the finality of this rule for purposes of judicial review; nor does it
extend the time within which a petition for judicial review may be
filed, and shall not postpone the effectiveness of such rule or action.
This action may not be challenged later in proceedings to enforce its
requirements. [See section 307(b)(2).]
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Hydrocarbons,
Incorporation by reference, Intergovernmental regulations, Reporting
and recordkeeping, Ozone, and Volatile organic compounds.
Authority: 42 U.S.C. 7401-7671q.
Dated: July 12, 1994.
Joe D. Winkle,
Acting Regional Administrator.
40 CFR part 52 is amended as follows:
PART 52--[AMENDED]
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401-7671q.
Subpart SS--Texas
2. Section 52.2308 is added to read as follows:
Sec. 52.2308 Area-wide nitrogen oxides exemptions.
The Texas Natural Resources Conservation Commission submitted to
the EPA on May 4, 1994, a petition requesting that the Victoria County
incomplete data ozone nonattainment area be exempted from the
requirement to meet the NOX provisions of the Federal
transportation conformity rule (40 CFR part 51, subpart T, and part 93,
subpart A). The exemption request was based on monitoring data which
demonstrated that the National Ambient Air Quality Standard for ozone
had been attained in this area for the 35 months prior to the petition,
with the understanding that approval of the State's request would be
contingent upon the collection of one additional month of data. The
required additional month of verified data was submitted later and,
together with the data submitted with the State's petition,
demonstrated attainment of the NAAQS for 36 consecutive months. The EPA
approved this exemption request on October 11, 1994.
[FR Doc. 94-19343 Filed 8-11-94; 8:45 am]
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